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(영문) 서울행정법원 2015.03.13 2013구합25740

부정당업자입찰참가자격제한처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation with the purpose of construction business, etc., and Plaintiff B was the representative director of Plaintiff Co., Ltd from March 2008 to March 201.

On December 2008, the Balanced National Development Committee passed a resolution to promote the "Act on the 4th River-Liet Project".

Financial projects means projects in which financial resources of public projects are raised from the National Treasury.

On the other hand, it is possible to collect the investment cost by attracting the financial resources of public projects as private capital and guaranteeing the private investors with operating earnings for a certain period of time.

The project cost of the four major rivers was invested in the project cost of KRW 22.20 billion, and 25 of the total 95 construction works among the 95 construction works means a package deal tender under Article 79.1.5 of the Enforcement Decree of the Act on Contracts to which the State is a Party.

In other words, in accordance with the basic plan and guidelines for construction project proposed by the government, it means a package deal tender for the design and construction which is submitted along with tender documents by preparing plans and other drawings and documents necessary for the execution of construction works (hereinafter referred to as "books").

Ro. They were proceeding.

The core of the Fourth River Slaughter Project is the cross-section Corporation.

In general, it means a facility installed in the direction of crossing a river in order to enhance water level in order to draw water and utilize water surface, etc. of various kinds of water.

In the case of the 4th River Slaughter Project, 16 beams were established, and among them, C was carried out and installed as D Section construction, which is a leading project of the 4th River Slaughter Project, and it was included in the 15th River Slaughter Project, which is deemed to be remaining 15, except C.

On June 8, 2009, the Ministry of Land, Transport and Maritime Affairs, etc. shall grant a master plan for the fourth River Slaughter Project in order to present the basic direction of the "fourth River Slaughter Project".